CIPR ACTIVATES PUBLIC-PRIVATE DIALOGUE
FOR BETTER IP PROTECTION IN LATVIA

Time to Solve Problems Now, Prior to EU Accession

Riga, Latvia - On 11 April, The Coalition for Intellectual Property Rights (CIPR) brought together Latvian intellectual property decision makers for a frank discussion of what should be accomplished prior to Latvia’s EU Accession in 2004, to improve the country’s weak IP enforcement track record.

According to Romans Baumanis, CIPR Representative for the Baltic States, “Latvia’s IP regime is not adequate. With the peculiarities of the current legal system, courts, customs, law enforcement and other responsible government agencies cannot bring criminal charges against counterfeiters and traders of counterfeit goods. A plan for improving Latvia’s regime is clearly needed and participants in today’s roundtable can begin the process.”

CIPR, a public-private partnership dedicated to improving intellectual property protection and enforcement in the Baltic States and other countries in the region, hosted representatives from the Ministry of Culture, the Patent Board, the General Prosecutor’s Office, the Economic Police and Customs for the roundtable discussion.

“We assessed what has been achieved in trademark protection, and agreed to prepare a joint action plan to amend Latvia’s laws to meet EU standards and to ensure the laws are effectively implemented,” continued Baumanis.

“One of the major changes we need in Latvian legislation is a provision in the Law on Criminal Proceedings to place the burden of proof on the defendant. The importer or trader would have to prove to the court that the contested goods are genuine. Today, an importer or trader can go free by claiming he did not know that the goods were counterfeit," explained CIPR's legal counsel Ineta Krodere-Imsa.

Previously proposed amendments to the Administrative Offence Code would give customs officers the authority to confiscate infringing or pirated products, but have yet to pass Latvia’s Parliament. “Passing the proposed amendments to the Administrative Offence Code would support the efforts of Latvian law enforcement authorities in the fight against the violation of intellectual property rights," declared Ineta Bebre, representative of the General Prosecutor’s Office. “Similarly, the Police must have a broader mandate that would allow the confiscation and destruction of infringing goods without a court decision, in accordance with the wishes of the owner of the trademark.”

The volume of counterfeit goods seized by customs officials on the current EU border increased 900% over the last four years, according to the European Commission. With EU Accession in 2004, Latvia's border will be the eastern-most border of the European Union. “Latvian law enforcement is not dealing effectively with the current flows of counterfeit goods. How will we manage responsibility for the whole European Union?” asked Baumanis.

The participants in the discussion agreed to promote cooperation between the institutions represented, and to introduce amendments to Latvian IP legislation. CIPR is taking a lead in preparing a plan of action for change.

The coalition brings together world famous trademark owners, including Anheuser-Busch, British American Tobacco, Coca-Cola, Dell Computer, Diageo, Gallaher, Guinness UDV, Intel, JTI, Kraft Foods, Pfizer, Philip Morris, and Tiffany and Company, among others. CIPR's role is to foster the protection of intellectual property rights, by encouraging the cooperation of state institutions with the private sector through government relations activities, public education and awareness campaigns, and international training and networking events.

Further information on CIPR members, objectives and results can be found at the CIPR website at www.cipr.org or by contacting the CIPR Representative in the Baltic States, Romans Baumanis, e-mail tel. +371-7280759, fax +371-7280761, address 85A Elizabetes Street., Bldg.I, Riga LV 1050.